Security where judgment is to deliver property, for a sale of mortgaged premises Stay of proceedings upon security given •§ 338 339 Undertakings may be in one instrument, or several. 340 Security to be approved and to justify. Perishable property may be sold, notwithstanding appeal.... Undertaking must be filed.. CHAPTER III. 341 342 343 Appeal to the Supreme Court from an inferior court. In what cases.. . § 344 Security must be given as upon appeal to the court of appeals Appeal, where heard.. 345 346 Judgment on appeal, where entered and docketed, 347 CHAPTER IV. Appeals in the supreme court, and the superior court and court of common pleas of the city of New York, from a single judge, to the general term. Appeals from circuits and special terms to same court in general term. Security on appeal.....$ 348 Orders by a single judge, may be appealed from in 349 certain cases Orders at chambers to be entered before appeal... 350 CHAPTER V. Appeal to the court of common pleas for the city and county of New-York, or to a county court, from an inferior court. Existing laws repealed, and this chapter substituted By what courts judgments to be reviewed.. Appellant to make affidavit.. Copy affidavit and notice of appeal to be served Form of undertaking.. $ 351 ... 353 353 354 355 356 Further return may be ordered.. Execution, how stayed $357 In case of death of justice, undertaking to be filed, 358 Counter affidavits allowed, and when and how served Return when and how made, and compelled 359 360 361 362 If justice be dead, insane or absent from state, witnesses to be examined. If in another county, return may be compelled 363 Hearing, upon return. Dismissing appeal, if not 364 Judgment, how given 365 366 Judgment roll.. 367 368 369 370 371 Costs, how awarded.. Ordering restitution Setting off costs and recovery The costs on appeal.. TITLE XII. Of the miscellaneous proceedings in civil actions, and general provisions. CHAPTER I. Submitting a controversy, without ac tion. II. Proceedings against joint debtors, heirs, III. Confession of judgment without action. VII. Examination of witnesses. VIII. Motions and orders. IX. Entitling affidavits. X. Computation of time. XI. Notices, and filing and service of pa pers. XII. Duties of sheriffs and coroners. CHAPTER XIII. Accountability of guardians. XV. Miscellaneous provisions. CHAPTER I. Submitting a controversy without action. Controversy how submitted without action.. $372 Judgment on, as in other cases, but without costs, 373 Judgment may be enforced, or appealed from, as in an action.. 374 CHAPTER II. Proceedings against joint debtors, heirs, devisers, legatees and tenants holding under a judgment debtor. Parties not summoned in action on joint contract, may be summoned after judgment If judgment debtor die, his representatives may be summoned Form of summons To be accompanied by affidavit of amount due $375 376 377 378 379 380 Answer and reply to be verified as in an action.... 38 CHAPTER III. Confession of Fudgment, without Action. Judgment may be confessed for debt due or con tingent liability. Statement in writing, and form thereof. Filing same, and entering judgment.. CHAPTER IV. $381 382 384 Offers of the defendant to compromise the whole or a part of the action. Defendant may serve offer to compromise and the Admission or inspection of writings. A party may be required to admit a paper to be genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, how obtained.. CHAPTER VI. .$ 388 Examination of parties. Actions for discovery, abolished .§ 389 A party may examine his adversary as a witness, on the trial.. 390 Such examination also allowed before trial. Pro ceedings therefor 391 Party how compelled to attend. 392 Testimony of party may be rebutted.. ...... 393 394 Effect of refusal to testify.. Testimony by a party not responsive to the inquiries, may be rebutted by the oath of the party calling him... Persons for whom action is brought or defended, may be examined. 395 396 Examinations of co-plaintiff or co-defendant...... 397 CHAPTER VII. Examination of witnesses. No witness to be excluded by reason of interest..§ 398 To whom last section inapplicable.. 399 CHAPTER VIII. Motions and orders. Definition of an order ..§ 400 Definition of a motion. Motions how and where made When notice is necessary, it must be eight days before hearing.. $401 In actions in supreme court, county judge may act Enlarging time for proceedings in an action 402 403 404 405 Notices, and filing and service of papers. Notices and other papers, how served on party or attorney.. When and how served by mail. Double time when served by mail •§ 408, 409 •410, 411 412 413 Eight days notice of motion, &c., before court or state 415 416 Summons and pleadings to be filed within ten days after service. Service, where party appears by attorney......... 417 This chapter not to apply to summons or process, or to papers to bring party into contempt...... 418 |